Legal Opinion
Muscarella v. Herbert Construction Co.
Appellate Division of the Supreme Court of the State of New York
Decided October 28, 1999PublishedCited by 6 opinions
1Opinion of the Court
—Order, Supreme Court, New York County (Lorraine Miller, J.), entered July 29, 1998, which, insofar as appealed from, granted defendant’s motion for summary judgment dismissing plaintiff’s cause of action under Labor Law § 241 (6), unanimously affirmed, without costs.
Industrial Code (12 NYCRR) § 23-1.7 (e) (1) and (2) were correctly held to be inapplicable to plaintiff’s claim, which alleges an injury sustained while walking from the job site to a construction trailer as a result of tripping over the ledge of a metal grate that surrounded a tree two feet away from the temporary steps of the…
2Cases cited2 opinions
- Lenard v. 1251 Americas AssociatesAppellate Division of the Supreme Court of the State of New York · 1997
- Jennings v. Lefcon PartnershipAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by6 opinions
- Canning v. Barneys New YorkAppellate Division of the Supreme Court of the State of New York · 2001
- Spence v. Island Estates at Mt. Sinai II, LLCAppellate Division of the Supreme Court of the State of New York · 2010
- Ryder v. Mount Loretto Nursing Home, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
- Meslin v. New York PostAppellate Division of the Supreme Court of the State of New York · 2006
- Smith v. Hines GS Properties, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
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